People accused of shoplifting are often more worried about the prospect of a criminal record and its long-term consequences than the immediate penalties.

This may be especially true for a person facing criminal charges for the first time. Avoiding a criminal record is essential due to its potential effect on employment, education, travel, etc.

The criminal justice system can be daunting, and it helps to know what to expect with a first-offence shoplifting charge.

You will need to appear in court but you may be able to avoid a criminal record, depending on the circumstances of the alleged shoplifting and the skills and experience of your criminal defence lawyer.

What is shoplifting in Alberta?

Shoplifting is when someone takes merchandise from a store without paying. However, it is not treated as a distinct offence in Canada. Rather, it comes under the umbrella of theft, as outlined in Section 322(1) of the Criminal Code.

Theft Over $5,000 is a straight indictable offence in Canada. However, almost all shoplifting incidents are covered under Theft Under $5,000 in Section 334(b) of the Criminal Code. This is a hybrid offence, meaning that it can be charged as a summary offence or, in more serious cases, an indictable offence.

Whether the prosecution proceeds summarily or by indictment depends on:

• The value of the item(s) stolen.
• The precise circumstances of the theft.
• The defendant’s criminal history.

Even if a shoplifting incident involves a low-value item and is treated as a summary offence, it comes with the threat of severe penalties, including a permanent criminal record.

While a criminal record is not a foregone conclusion for first-time offenders, it is highly likely unless a defence lawyer takes proactive legal steps on behalf of the defendant.

Avoiding a criminal record through the Alternative Measures Program (AMP)

A criminal record shows up permanently on background checks. Unless you successfully apply to have the record sealed (previously called a “pardon”), it will be visible indefinitely to employers, educational institutions, landlords, border officials, etc.

Avoiding that scenario is essential for first-time offenders and may be possible through the “Alternative Measures Program” (AMP). That usually requires a concerted effort from a criminal defence lawyer, who can liaise with the Crown and request a pre-charge or post-charge diversion. Acceptance of this by the Crown is discretionary, though.

The AMP diversion program is designed for non-violent, first-time offenders in Alberta. It steers first-time offenders away from the traditional criminal justice system and toward a path of accountability that doesn’t involve a permanent criminal record.

To qualify for the program, defendants must take responsibility for their actions and be seen as deserving of a “second chance”.

If accepted into the AMP for shoplifting, a defendant does not need to go to trial. Instead, the Crown “diverts” the case out of the courtroom. However, as part of the defendant’s rehabilitation, the following may be required:

• Community service.
• Paying back the store.
• A written apology letter to the store.
• A small charitable donation.

Once the requirements have been completed, the Crown withdraws the charges. The defendant is left with no conviction and no criminal record.

What if I don’t qualify for AMP?

If the value of the stolen goods from the store is very low, another possible outcome is a peace bond.

This is a court order to keep the peace and be of good behaviour for a stated period.  No admission of guilt is required, and if granted, the shoplifting charge will be withdrawn if the defendant completes the good behaviour period.

A peace bond is often treated as a “Plan B” or a negotiated alternative if a defendant does not qualify for the Alternative Measures Program.

Another possible resolution for shoplifting that does not result in a criminal record for first-time offenders is an absolute or conditional discharge. This is where the defendant is found guilty but the judge does not enter a conviction.

The only other option of avoiding a criminal record is to have the shoplifting charges dropped (often due to inadmissible evidence) or to successfully defend the charges at trial, in front of a judge.

For instance, a criminal defence lawyer might be able to argue:

• The defendant didn’t have care and control of the items when accused of taking them.
• The shoplifted item was genuinely forgotten at the bottom of the shopping cart when the defendant was distracted and exited the store (no intent).

The penalties for shoplifting

If the shoplifting incident proceeds summarily, as is standard, the penalties for a conviction are:

• Six months to two years (less a day) imprisonment, depending on the specific circumstances.

• Typical fines of $300 to $1,000 for a first offence (plus a 30% victim surcharge).
• Victim restitution (paying the store back for any items that were damaged or not recovered).

If a theft charge is treated as an indictable offence, the penalties for a conviction are:

• A maximum of two years in prison.
• A fine of up to $5,000 (plus a 30% victim surcharge).
• Victim restitution.

Defendants may also be placed on probation for up to two years, which often includes a “stay-away” order from the store or mall.

As mentioned, these shoplifting penalties are temporary but the associated criminal record may be permanent. This can affect:

• Employment: Many Calgary employers (especially in finance, oil and gas, and healthcare) require clear vulnerable sector or criminal record checks.
• Travel to the U.S.: U.S. border officials consider theft a “crime involving moral turpitude.” Even a minor shoplifting conviction can lead to being turned away at the airport or border.
• Immigration status: For those in Calgary on work permits or PR status, a theft conviction can lead to deportation or exclusion from citizenship.
• Professional licences: For professionals who need licenses to practice, a criminal record can impact licence renewal applications.

Defend shoplifting charges

Your best bet for escaping a criminal record for shoplifting as a first-time offender is with a seasoned criminal defence lawyer arguing your case with the Crown prosecution or the judge.

Do not simply plead guilty even to a small theft from a shop, as the consequences are too great. It’s best to avoid saying much to store security, the police, or anyone else without advice from a criminal defence lawyer.

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.